Publication of Debtor's Name

[FlaRiptide]

My jurisdiction is: Florida

I am a new Board member of my Homeowner's Association. Is there any law that would prohibit the Board from publicising home owner's names, addresses, and debt amount when they are delinquent in annual dues and/or fines? I am proposing putting this info in the Association's newsletter.

I know this will make a lot of homeowner's upset, but that is the idea. Hopefully the embarrasment will work when spending thousands of dollars for attorney fees have not.

 

[Theresagail]

I am almost positive you would be in violation of the privacy act if you do this-- however we used to put the people who filed bankruptcy on a board in our collection dept but that is public record-- being delinq on your loans is not a public record

 

[FlaRiptide]

I believe the privacy act pertains solely to Government entities. Section 552(b) refers to "Agency" and Section 552(f) says, " "agency" as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency"

Thus, I do not believe the Privacy Act would relate to this situation.

I associate this with a ficticious scenario of: What would prevent a vendor from renting a billboard saying that John Doe is delinquent on paying a bill? If it is true, it cannot be slanderous in my layman's opinion.

 

[Theresagail]

Privacy Act (PA) of 1974

" Violations of the provisions of the Act are enforceable through legal action. Criminal and civil penalties may apply. It is a crime if any officer or employee of an agency knowingly and willfully discloses individually identifiable information to any person or agency without written consent of the individual to whom the information applies."

So I guess if you have in your by laws that you will list the debtors on a board for others to see and if they signed it-- you would be ok

 

[FlaRiptide]

Again, the Privacy Act of 1974 speaks of "Agency" and the definition of agency does not include Homeowner Associations.

That is my take on it at least...

 

[Theresagail]

I would not do it-- but you can publish it and see what happens -- if you get sued then you will know that you cant publish it?

 

[FlaRiptide]

On what grounds would you not publish? That is why I have come to this forum. As I have shown, the Privacy Act of 1974 does not relate to this situation.

Therefor, I would appreciate any other input as to a lawful reason why the Homeowner's Association should not procede in advertising the delinquent accounts.

 

[dee_dub]

The Fair Debt Collection Practices Act forbids debt collectors from publishing that sort of thing, but as I read it a creditor himself is not included in the definition of "debt collector". The Board, being a creditor, might be in the clear. On the other hand, the Board's right to publish information relating to its members might be restricted by the terms of the HOA agreement, or doing so might be construed to be a breach of some duty it owes to the members. I don't know of any law forbidding it, but I'd get a legal opinion before doing it.

 

[FlaRiptide]

Thank you. Sounds like an extra $250 per hour may be worth saving future thousands. We are only 60 homes and our dues are only $225. Yet over the years the Board has spent thousands for chasing after 3 or 4 deadbeats. I had always thought this ludicrous since most of us may be dead prior to collecting on a house lien!!

 

[IbeCogent]

I guess if you have to ask that kind of question, maybe you're in the wrong Homeowner's Association. You have to live in close quarters with these people for a LONG time.

 

[FlaRiptide]

I am in the right Association, the deadbeats who can't choke up a measly $225 for annual dues are the ones in the wrong Association. I've already lived here for 25 years and am tired of all the good owner's dues going for nothing but attorney fees to collect for the few who refuse to pay. If they don't pay up after a polite request, and then a formal demand letter, perhaps they will change their mind after being publicly embarrassed. If it happens, it is their choice. Either pay or face the embarrassment.